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CITY OF MISSOULA v. ZERBST

DA 18-0434.

462 P.3d 1219 (2020)

2020 MT 108

CITY OF MISSOULA, Plaintiff and Appellee, v. John Anthony ZERBST, Defendant and Appellant.

Supreme Court of Montana.

Decided: May 5, 2020.

Attorney(s) appearing for the Case

For Appellant: Chad Wright , Appellate Defender, Alexander H. Pyle , Assistant Appellate Defender, Helena, Montana.

For Appellee: Timothy C. Fox , Montana Attorney General, Jon Bennion , Chief Deputy Attorney General, Helena, Montana, Jim Nugent , Missoula City Attorney, Carrie L. Garber , Deputy City Attorney, Missoula, Montana.

¶1 John Anthony Zerbst appeals his conviction for sexual assault. He asserts that the Missoula Municipal Court erred when it instructed the jury on a definition of consent from the 2017 sexual assault statute and not the applicable 2015 statute. We reverse and remand for a new trial.

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